When you have sustained an injury from an accident, it hardly means you will suffer from just physical pain. Financial losses, hospital bills, and the whole legal process are things that you will likely have to deal with. In case you are planning to file a claim or you wish to know your rights, here is a list of the most commonly asked frequently asked questions (FAQs) about personal injury cases with all their straightforward answers.
The Most Commonly Asked Frequently Asked Questions
1. What Is Considered a Personal Injury Case?
A case for personal injuries is intended to provide relief for any individual or entity that has unfortunately been involved in some sort of conduct that has had negative results on someone else. Typical examples include:
- Car accidents
- Slip and falls
- Work Injuries
- Dog bites
- Medical malpractice
If you were injured by someone else’s actions, you have a valid claim.
2. Do I Have to Have an Attorney for a Personal Injury Case?
It is not mandatory, but having a personal injury lawyer consult with you is highly suggested. Insurance companies have legal teams that severely limit how much they pay out. With a lawyer’s help, you build your case negotiate with insurers, and battle for the win you deserve.
3. How Long Can I Take to File a Personal Injury Case?
The California statute of limitations for most cases concerning personal injury is within two years after the injury has occurred. After that time expires, you may lose your right to compensation.
Note: Time limits can vary depending on the type of case or if a government agency is involved.
4. What Type of Damages Can I Recover?
Compensatory damages might include:
- Medical expenditures (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Mental suffering
- Property damage
In very rare circumstances of extreme negligence, punitive damages might also be awarded.
5. How Long Does the Whole Case Take?
The timeline varies according to the complexity of the case, whether it goes to trial, and how cooperative the insurance company is in negotiations. Many cases settle within a couple of months, while some, especially those that have very serious injuries involved, might take a year or more to settle.
6. If I Were Partly at Fault for the Accident, What Happens?
California has pure comparative negligence statutes in its rules. It implies that you can recover damages even if you are partly at fault. Nonetheless, your compensation will be reduced by your percentage of fault.
Example: If found 20% at fault and damages are $100,000. You will receive $80,000.
This article was written by Alla Tenina. Alla is a top Orange County personal injury lawyer and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.